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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 20, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Katharine Albright, Commissioner Frank Fung, Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Easteller Bruihl, Official Court Reporter.
ABSENT: Commissioner Robert Haaland.
(1) PUBLIC COMMENT:
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At this time, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board except agenda items. With respect to agenda items, your opportunity to address the Board will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Board has closed the public hearing, your opportunity to address the Board must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President may continue Public Comment to another time during the meeting.
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SPEAKERS: David Pilpel.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) SPECIAL ITEM:
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Discussion and possible action to approve job description for Executive Director of Board of Appeals. Explanatory documents (draft job descriptions) are available for review at the Board office. Note: matter continued from February 13, 2008.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to adopt the job description as amended.
SPEAKERS: David Pilpel.
PUBLIC COMMENT: None.
(4) SPECIAL ITEM:
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Public hearing to discuss and possibly approve amendments to Articles IV and V of the Board rules to (1) designate the SFGTV recording as the Board’s official record and (2) amend and clarify briefing rights and schedules. Current version of Board rules are available for review at the Board office, and on the Board website under the link entitled “About”. Proposed amendments are available at the Board office. Note: matter continued from February 13, 2008.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to adopt the rule change on briefing schedule, Article V.
SPEAKERS: David Pilpel.
PUBLIC COMMENT: None.
(5) ADOPTION OF BUDGET:
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Discussion and possible action to adopt a departmental budget for FY 2008-2009 which begins on July 1, 2008.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to adopt the proposed budget.
SPEAKERS: David Pilpel.
PUBLIC COMMENT: None.
(6) ADDENDUM ITEMS:
(6a) REHEARING REQUEST:
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Subject property at 1266B Dolores Street. Letter from Lu Blazej, agent for Dolores Street Holdings LLC, appellant, requesting rehearing of Appeal No. V07-214, decided Jan. 30, 2008. At that time, upon motion by Commissioner Knox, the Board voted 5-0 to uphold the denial of the subject variance. Project: reconstruct a non-conforming two-story rear portion of the building which was demolished during remodeling; variance case no. 2007.1102V.
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ACTION: Upon motion by Vice President Albright, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to deny the rehearing request.
SPEAKERS: Lu Blazej, agent for appellant; Scott Sanchez, PD.
PUBLIC COMMENT: Jeff Benny and Mark Follman spoke in favor of the Zoning Administrator.
(6b) REHEARING REQUEST:
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Subject property at 845-855 Hudson Avenue. Letter from Brendan Bannon, agent for JJ Wintersteen, permit holder, requesting rehearing of Appeal No. 07-208, decided Jan. 23, 2008. At that time, upon motion by Vice President Albright, the Board voted 5-0 to revoke the permit with a finding that the Board lacks jurisdiction over the permit due to the Interim Zoning Controls which currently require a Conditional Use Authorization for this type of project. Appellant: India Basin Neighborhood Association. Project: construct new temporary metal canopies for welding and storage purposes; metal fabrication on an empty lot; two metal structures 15’ X 45’ and 20’ X 54’ in size; BPA No. 2007/10/16/5543.
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ACTION: Upon motion by Vice President Albright, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to grant the rehearing request; and appellant subsequently handed in a withdrawal letter.
SPEAKERS: Kristine Enea, agent for appellant; Brendan Bannon, agent for permit holder.
PUBLIC COMMENT: John O’Connor spoke in favor of the permit holder.
(7) APPEAL NO. 07-179
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ABEL & ELIANA MALDONADO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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450 Hamilton Street.
Appealing the denial on Sept. 26, 2007, of Permit to Alter a Building (on single-family house: removal of conditions placed on BPA No. 2002/02/05/8561S as part of Appeal No. 03-140).
APPLICATION NO. 2007/06/11/3512.
PUBLIC HEARING HELD & CLOSED ON DEC. 19, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the Planning Dept. to re-review the proposed project.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to overrule the denial and grant the permit which removes the conditions placed by the Board of Appeals on BPA 2002/02/05/8561 on the condition that BPA 2002/02/05/8561 be modified in accordance with revised plans dated February 11, 2008 with the finding that the said revised plans allow a two story addition that will extend beyond the existing building no more than five (5) feet six (6) inches, that will not allow a parapet wall at the roof, that will only allow one (1) bathroom on the interior ground floor, that will prohibit exterior doors on the north and south sides of the existing building and proposed addition, except for possibly a pre-existing door at the garage; the Board also finds the Planning Dept. and neighbors support the project as revised.
SPEAKERS: Scott Sanchez, PD; Michael Harris, agent for appellants.
PUBLIC COMMENT: Ron Parshall spoke in favor of the appellants.
(8) APPEAL NO. 08-018
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SANDEEP HINGORANI, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING
Respondent
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455 Vallejo Street.
Protesting the issuance on Feb. 6, 2008, to Sheedy Crane & Rigging, Temporary Occupancy Permit (placement of crane at subject property occupying 1500LF on Vallejo Street and 200LF on each side of Kearny Street).
PERMIT NO. 08TOC-0111.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to March 5, 2008, so that DPW BSM can attend the hearing.
SPEAKERS: Richard Battaini, agent for permit holder; Curtis Smolar, agent for permit holder.
PUBLIC COMMENT: Louise Laub spoke in favor of the appellant.
ITEMS (9A), (9B), (9C), (9D), (9E) & (9F) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 05-115
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ANDRE MANDEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #7.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5100.
FOR HEARING TODAY.
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(9B) APPEAL NO. 05-116
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LEAH GUILLERMO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #1.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5684.
FOR HEARING TODAY.
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(9C) APPEAL NO. 05-117
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CHRISTOPHER DUTRA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #5.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5776.
FOR HEARING TODAY.
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(9D) APPEAL NO. 05-118
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SEAN COOPER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #8.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5703.
FOR HEARING TODAY.
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(9E) APPEAL NO. 05-139
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OLIVIA PLATFORD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #11.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5631.
JURISDICTION GRANTED AUG. 10, 2005.
FOR HEARING TODAY.
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(9F) APPEAL NO. 05-140
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FRICK DEAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #12.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5635.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matters to May 14, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. V05-129
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ARZA TRUST, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2642-2644 Hyde Street.
Protesting the granting on July 13, 2005, to Billie Cayot, Rear Yard & Non-Complying Structure Variances (replace an existing 2nd floor balcony within the required rear yard of the existing two-family structure; the cantilevered balcony would be approximately 12 feet wide, 3 feet deep, and set back approximately 5 feet from each side property line).
VARIANCE CASE NO. 2004.1312V.
FOR HEARING TODAY.
Note: On Sept. 7, 2005, the Board voted to reschedule this matter to Call of Chair pending final resolution of the Cat Ex appeal at the BOS.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the variance.
SPEAKERS: Scott Sanchez, PD; Edgar Brincat, agent for appellant; Robert Middlestadt, agent for variance holder; Ellen Tsang, agent for appellant.
PUBLIC COMMENT: Phil Fernandez spoke in favor of the ZA; Betsy Liu spoke in favor of the appellant.
(11) APPEAL NO. 07-169
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RE-LEAF CENTER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2980 – 21st Street.
Appealing a Notice of Violation dated August 24, 2007, addressed to Edward Schmitt and the Re-Leaf Center, that the medical cannabis dispensary use at the subject property is not permitted because it lies within a residential zoning district.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to March 12, 2008, with no further reschedulings.
SPEAKERS: Scott Sanchez, PD.
PUBLIC COMMENT: Soren Ragsdale spoke in favor of the ZA.
There being no further business, President Garcia adjourned the meeting at 8:17 p.m.
